RANCHI, India, Feb. 8 -- Jharkhand High Court issued the following order on Jan. 8:
1. The present Civil Review has been filed seeking review of the order dated 03.08.2023 passed by this Court in W.P. (C) No. 4278 of 2020.
2. The writ petitioners (the respondent nos. 1 & 2 herein) filed a writ petition being W.P. (C) No. 4278 of 2020 for issuance of direction upon the respondents to make payment of compensation for the land appertaining to Khata No. 136, Plot No. 432, measuring an area of 2 acres of Mauza Radhanagar, Thana No.36/201, Halka No. 13, Circle-Chas, District-Bokaro (hereinafter referred to as "the said land") which was transferred to Bharat Petroleum Corporation Limited (BPCL) for construction of Petroleum, Oils and Lubricants (POL) depot along with railway siding by illegally dispossessing them. Further prayer was made for issuance of direction upon the respondents to make payment of interest @ 15% from the date of dispossession and other consequential benefits accruing therefrom. The writ petitioners also prayed for issuance of direction upon the respondents to pay damages to them for illegal possession and use of the said land.
3. The claim of the writ petitioners before the writ court was that the said land was settled in favour of the writ petitioner no. 1 under the scheme of allotment of land to SC/ST and Backward Class, vide Settlement Case No. 18(XIII) of 1988-89 and jamabandi of the said land was opened in her name.
4. A proceeding under Section 4(h) of the Bihar Land Reforms Act, 1950 (in short, the Act, 1950) was initiated for cancellation of jamabandi of the said land and a notice was issued to the writ petitioner no. 1.
5. It was further stated in the said writ petition that the BPCL had started construction on the said land without payment of compensation to the writ petitioners.
6. The BPCL took stand in the said writ proceeding that the compensation for acquisition of the said land was already deposited with the State Government and considering the said stand, the writ petition was allowed by this Court vide order dated 03.08.2023 directing the State Government to determine appropriate compensation of the said land under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (in short "the Act, 2013") and to pay the same to the writ petitioner no.1 within eight weeks from the date of receipt/production of a copy of the said order.
7. The review petitioners have sought review of the order dated 03.08.2023 passed in the said writ petition on the ground that the nature of the said land was 'Gair Mazarua' and in that view of the matter, no proceeding for acquisition of the said land was initiated, rather the same was permanently transferred to the BPCL vide order as contained in memo no. 3333 dated 04.09.2019.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqPbYGoZHhIz6cAVEy7ImY9Es4%2FtVvMBOKAgsLU6ORjfq&caseno=C.Rev./16/2025&cCode=1&cino=JHHC010349852024&state_code=7&appFlag=)
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